Right to repair notches a big win in Colorado

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Apr 27, 2023 View in browser   By Marcia Brown Presented by The big picture TINKER AWAY — Colorado farmers will now be able to diagnose and fix their own tractors under a new, first-of-its-kind state law that proponents hope could set a national precedent for more than just agriculture equipment. More than a dozen states are considering agricultural repair legislation that mirrors the bill Gov. Jared Polis (D) signed into law Tuesday. States are increasingly considering bills to promote repair of other types of products, too: In 2023, at least 28 states have considered legislation advancing consumer repair, ranging from cell phones to home appliances to wheelchairs, though few have so far become law. Consumer advocates are also taking to the courts: Farmers brought a class action suit in federal court in Illinois alleging that Deere & Co. is illegally restricting repair. The Department of Justice weighed in in support of farmers’ arguments. A class-action suit filed in March against Tesla alleges the automaker discourages customers from using independent repair shops. “Seems we are now at the ‘Me Too’ stage where legislators want the same for their citizens as elsewhere,” said Gay Gordon-Byrne, executive director of The Repair Association, a member-funded advocacy group. But the gains have not come without some compromise. In New York, lawmakers pared back a sweeping “Right to Repair” bill, removing agricultural equipment and other provisions, after a successful lobbying effort by manufacturers and dealerships. A bipartisan coalition in Congress has introduced two bills this session to improve auto repair. It’s not the first time Congress has considered repair legislation. Sen. Jon Tester introduced an agricultural repair bill last year, but it’s unclear if he intends to reintroduce this Congress. The Colorado law, which will take effect in 2025, requires manufacturers to provide farmers the tools, software and information they need to repair agricultural equipment. It’s the third “right to repair” bill that’s passed a state legislative body in the last two years, following laws covering digital and auto repairs. But dozens of other similar bills have died in statehouses in recent years.   A message from American Beverage Association: At America’s beverage companies, we are committed to reducing our plastic footprint. That’s why we’re carefully designing our plastic bottles to be 100% recyclable, including the caps. Our goal is for every bottle to become a new one, so they don’t end up in nature. Learn more at EveryBottleBack.org.   The Biden administration has also taken steps to address the issue, including a reference to “right to repair” in the president’s 2021 executive order on competition. To wit, the Federal Trade Commission has documented repair restrictions across industries and tried to increase enforcement of laws related to repair restrictions. But manufacturers and dealerships have staunchly opposed such legislation, arguing that it’s unnecessary and could even introduce cybersecurity threats or enable farmers to flout environmental rules. “When you get beyond the slogan to what the bill actually does, it’s an intervention into the free market and it has unintended consequences,” said Eric Wareham, senior vice president of the North American Equipment Dealers Association. Advocates say making repair easier will save farmers and ranchers billions of dollars annually and help build more resilient agricultural supply chains. “Colorado is only the beginning,” said Willie Cade, an advocate for agricultural repair. “There’s absolutely no resting on our laurels. We really are going to need to go and see how effective [the laws] are and see if the manufacturers will comply or will they try to do some end runs.”   GO INSIDE THE 2023 MILKEN INSTITUTE GLOBAL CONFERENCE: POLITICO is proud to partner with the Milken Institute to produce a special edition "Global Insider" newsletter featuring exclusive coverage, insider nuggets and unparalleled insights from the 2023 Global Conference, which will convene leaders in health, finance, politics, philanthropy and entertainment from April 30-May 3. This year’s theme, Advancing a Thriving World, will challenge and inspire attendees to lean into building an optimistic coalition capable of tackling the issues and inequities we collectively face. Don’t miss a thing — subscribe today for a front row seat.     YOU TELL US  GAME ON — Welcome to the Long Game, where we tell you about the latest on efforts to shape our future. 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Does leave one to wonder what his job is then.   LISTEN TO POLITICO'S ENERGY PODCAST: Check out our daily five-minute brief on the latest energy and environmental politics and policy news. Don't miss out on the must-know stories, candid insights, and analysis from POLITICO's energy team. Listen today.       A message from American Beverage Association: America’s leading beverage companies - The Coca-Cola Company, Keurig Dr Pepper and PepsiCo - are working together to reduce our industry’s plastic footprint through our Every Bottle Back initiative. We’re investing in efforts to get our bottles back so we can remake them into new bottles and use less new plastic.  Together, we’re:  Designing 100% recyclable plastic bottles – we’re making our bottles from PET that’s strong, lightweight and easy to recycle.    Investing in community recycling – we’re marshalling the equivalent of nearly a half-billion dollars with The Recycling Partnership and Closed Loop Partners to support community recycling programs where we can have the greatest impact.  Raising awareness – we’re adding on-pack reminders to encourage consumers to recycle our plastic bottles and caps.      Our bottles are made to be remade. Please help us get Every Bottle Back.     Follow us on Twitter Debra Kahn @debra_kahn Greg Mott @gwmott Jordan Wolman @jordanwolman Allison Prang @AllisonPrang   Follow us

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